Law and Society Overview Quiz
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Questions and Answers

What is one key characteristic of traditional legal systems?

Traditional legal systems often rely on customs and norms rather than formal laws.

Name one intellectual movement within law that focuses on issues of race.

Critical Race Theory.

What does the Functionalist Approach in legal theory emphasize?

The Functionalist Approach emphasizes how law contributes to social stability.

Who are the European pioneers in the field of law and society?

<p>Some European pioneers include Max Weber and Émile Durkheim.</p> Signup and view all the answers

What are the main participants in the legislative process?

<p>Main participants include lawmakers, lobbyists, and constituents.</p> Signup and view all the answers

What is the primary function of law related to maintaining order in society?

<p>Social Control</p> Signup and view all the answers

Describe one type of proceeding handled in civil litigation.

<p>Contract disputes are one type of proceeding in civil litigation.</p> Signup and view all the answers

What role do administrative agencies play in lawmaking?

<p>Administrative agencies implement and enforce laws created by legislatures.</p> Signup and view all the answers

Name one major legal system present around the world.

<p>Common-Law System</p> Signup and view all the answers

What does the Consensus Perspective in social paradigms focus on?

<p>Shared values and norms</p> Signup and view all the answers

How does police discretion affect law enforcement?

<p>Police discretion allows officers to make judgment calls in enforcing laws.</p> Signup and view all the answers

How does law function as an instrument of social change?

<p>By altering societal norms and behaviors through legal reforms.</p> Signup and view all the answers

What are the dysfunctions of law?

<p>Inequality and injustice.</p> Signup and view all the answers

What type of law is primarily concerned with the regulation of private matters between individuals?

<p>Civil Law</p> Signup and view all the answers

Define law in the context of its impact on society.

<p>A system of rules created and enforced through social or governmental institutions.</p> Signup and view all the answers

What role do lawyers play in the legal profession?

<p>They represent clients and provide legal advice.</p> Signup and view all the answers

What is the main difference between administrative rulemaking and administrative adjudication?

<p>Administrative rulemaking establishes regulations, while administrative adjudication resolves disputes through hearings.</p> Signup and view all the answers

How do interest groups influence the law-making process?

<p>Interest groups lobby lawmakers, provide information, and mobilize public opinion to advocate for specific legislation.</p> Signup and view all the answers

What is the role of judicial precedents in law-making?

<p>Judicial precedents establish legal standards by guiding future cases based on prior judicial decisions.</p> Signup and view all the answers

Define arbitration in the context of dispute resolution.

<p>Arbitration is a method where a neutral third party resolves disputes outside of the court system.</p> Signup and view all the answers

What are victimless crimes, and can you give an example?

<p>Victimless crimes are offenses that do not directly harm another individual, such as drug addiction or gambling.</p> Signup and view all the answers

What are criminal sanctions, and why are they considered formal social controls?

<p>Criminal sanctions are penalties imposed by the legal system on individuals convicted of crimes, serving as a deterrent.</p> Signup and view all the answers

Describe the impact of public opinion on the law-making process.

<p>Public opinion can guide lawmakers and influence the legislative agenda, affecting the creation and modification of laws.</p> Signup and view all the answers

What role does social control play in managing dissent within a society?

<p>Social control regulates behaviors and responses to dissent, helping to maintain stability and order in a community.</p> Signup and view all the answers

What role does licensing play in the context of administrative law?

<p>Licensing regulates professions and activities to ensure competency and adherence to legal standards.</p> Signup and view all the answers

How do social changes influence legal changes?

<p>Social changes can lead to legal changes by addressing new societal needs and values, prompting the law to adapt.</p> Signup and view all the answers

What is one advantage of law in creating social change?

<p>Law can create social change by setting standards that encourage or require certain behaviors through policies.</p> Signup and view all the answers

What are two limitations of law in generating social change?

<p>Law can be limited by entrenched moral values and the challenge of enforcement.</p> Signup and view all the answers

Identify a factor contributing to resistance to legal change.

<p>Cultural factors can lead to resistance, as communities may prefer to maintain traditional practices over adopting new laws.</p> Signup and view all the answers

What is a primary source of employment for lawyers?

<p>A primary source of employment for lawyers is private practice, where they represent clients in various legal matters.</p> Signup and view all the answers

Why is visibility important for legal professionals?

<p>Visibility is important for legal professionals because it helps build credibility and attract clients.</p> Signup and view all the answers

What role does the Bar Association play in the legal profession?

<p>The Bar Association acts as an advocate for legal reform and provides support for the professional development of lawyers.</p> Signup and view all the answers

What is a major function of law in society?

<p>Facilitate social change (D)</p> Signup and view all the answers

Which of the following is NOT considered a type of legal system?

<p>Democratic Legal System (B)</p> Signup and view all the answers

Which paradigm emphasizes unity and consensus within society?

<p>The Consensus Perspective (B)</p> Signup and view all the answers

What does social control entail in the context of law?

<p>Maintaining order and regulating behavior (B)</p> Signup and view all the answers

What aspect of legal systems is primarily concerned with resolving disputes between individuals?

<p>Dispute resolution (B)</p> Signup and view all the answers

Which of the following is a dysfunction of law?

<p>Exacerbating social inequality (A)</p> Signup and view all the answers

In which legal system is the role of judges primarily to interpret and apply established laws?

<p>Common-Law System (D)</p> Signup and view all the answers

Which of the following best defines 'law' in a societal context?

<p>A system of rules enforced by the governing authority (D)</p> Signup and view all the answers

What is NOT a limitation of law in creating social change?

<p>Fear of punishment (A)</p> Signup and view all the answers

Which factor is NOT listed as contributing to resistance to change?

<p>Political Factors (D)</p> Signup and view all the answers

Which of the following is an advantage of law in creating social change?

<p>Naturalism as an Influence (D)</p> Signup and view all the answers

Which of these is a source of employment for lawyers?

<p>Judiciary (D)</p> Signup and view all the answers

Which of the following concepts deals primarily with the relationship between law and social change?

<p>Positivism (C)</p> Signup and view all the answers

In the context of administrative law, which option describes a method of social control?

<p>Threat of Publicity (D)</p> Signup and view all the answers

Which of these factors does NOT contribute to social changes as causes of legal changes?

<p>Legal Precedents (C)</p> Signup and view all the answers

What is a key method used for resolving disputes outside of court?

<p>Arbitration (D)</p> Signup and view all the answers

Which group plays a significant role in influencing the law-making process?

<p>Interest Groups (B)</p> Signup and view all the answers

Which of the following is not a type of administrative law-making?

<p>Judicial Precedent (D)</p> Signup and view all the answers

What type of crime is typically categorized as a victimless crime?

<p>Gambling (B)</p> Signup and view all the answers

What does the contemporary legal system primarily focus on?

<p>Current legal frameworks and practices (A)</p> Signup and view all the answers

Which method of social control involves the use of sanctions?

<p>Non-custodial sanctions (D)</p> Signup and view all the answers

What is a major influence on the law-making process apart from interest groups?

<p>Public Opinion (A)</p> Signup and view all the answers

Which of the following is NOT a current intellectual movement in law?

<p>Sociocultural Theory (A)</p> Signup and view all the answers

Which aspect is included in the organization of the court system?

<p>Types of criminal offenses (A)</p> Signup and view all the answers

Which of the following best illustrates a characteristic of white-collar crime?

<p>Professional deceit (D)</p> Signup and view all the answers

What primarily characterizes civil proceedings in litigation?

<p>Disputes between private parties or organizations (B)</p> Signup and view all the answers

Which prerequisite is essential for engaging the court’s assistance in dispute resolution?

<p>Filing a Complaint (C)</p> Signup and view all the answers

Which element is essential in illustrating the legislative process?

<p>The amendment of existing laws (B)</p> Signup and view all the answers

What is a key difference between administrative agencies and other organizations?

<p>They are specifically involved in policy enforcement (D)</p> Signup and view all the answers

What is a characteristic of the modern law and society theorists?

<p>Analyzing the interplay between law and social change (A)</p> Signup and view all the answers

Which role is primarily associated with law enforcement agencies?

<p>Monitoring compliance with laws (B)</p> Signup and view all the answers

Flashcards

Sociological Perspectives on Law

Different viewpoints on how law operates within society, examining the relationship between law and society.

Evolution of Legal Systems

The historical progression of legal systems from traditional to contemporary forms.

Litigation Process

The steps involved in resolving legal disputes through the court system.

Court Structure

The organizational framework of the court system, which details the various courts and their functions.

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Legislative Process

The steps involved in creating laws through legislatures.

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Administrative Agencies

Government bodies that develop and enforce specific laws and regulations.

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Law Enforcement Agencies

Organizations responsible for upholding the law and maintaining public order.

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Police Discretion

The power held by law enforcement officers to make choices about how to enforce laws.

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Definition of Law

Rules and regulations created and enforced by the government to maintain order and social control within a society.

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Types of Law

Different categories of laws, such as criminal, civil, administrative, and constitutional, each serving specific purposes.

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Major Legal Systems

Different legal structures around the globe, including Romano-Germanic, Common-Law, Socialist, and Islamic systems.

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Social Control (Law)

The use of law to regulate behavior and maintain social order.

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Dispute Resolution (Law)

The use of legal processes to settle disagreements and conflicts.

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Social Change (Law)

The capacity of law to influence and shape social progress and development.

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Consensus Perspective

A view of society where members agree on shared values and norms, leading to social harmony.

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Conflict Perspective

A view of society emphasizing competition, inequality, and struggle between different social groups.

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Administrative Lawmaking

Laws created by government agencies, typically through rulemaking or adjudication.

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Methods of Dispute Resolution

Ways to settle disagreements without court intervention, such as arbitration, mediation, and conciliation.

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Judicial Lawmaking

Laws created by courts through precedents and statutory interpretation.

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Social Control of Crime

Methods used by society to promote order and prevent crime.

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White-Collar Crime

Crimes committed by individuals or corporations, often involving deceit or financial gain.

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Victimless Crimes

Crimes where no specific victim is identified.

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Dispute Resolution

Methods used to settle disagreements between individuals or groups.

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Arbitration

A neutral third party makes a binding decision in a dispute.

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Administrative Law Social Control

Methods used by the government to regulate society through licensing, inspections, and publicity.

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Law and Social Change

The connection between legal systems and societal shifts; law can reflect and sometimes drive social change.

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Law's Advantages in Social Change

Positivism (laws as social facts), naturalism (laws reflect morality), and fear of punishment can increase acceptance of social change efforts.

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Law's Limitations in Social Change

Law's effectiveness is not absolute. Values, morality, and legal use as political tools can hinder social change.

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Resistance to Change

Obstacles to societal shifts, driven by social, psychological, cultural and economic elements in society.

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Legal Profession History

The history and development of the profession including its growth, specialization and evolution within different cultural or legal systems.

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Lawyer's Professionalization

The ways in which lawyers developed into an organized profession with specialized training and standards.

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Legal Profession Today

Describes the lawyer's contemporary work environment, employment options (government, private practice etc.) and capacity for earnings.

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What is Law?

A set of rules created and enforced by the government to maintain order and social control in society.

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Legal Systems

Different ways that countries organize their laws, such as the Romano-Germanic system (continental Europe), the Common-Law system (England and its former colonies), the Socialist legal system (former Soviet Union), and the Islamic legal system (countries following Islamic principles).

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Law's Functions

Law plays a critical role in maintaining social order (Social Control), resolving disputes (Dispute Resolution), and driving progress (Social Change).

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Law's Dysfunctions

Sometimes the law can be ineffective, unfair, or even harmful. This often happens when it doesn't reflect societal changes, creates unintended consequences, or favors powerful groups over others.

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Consensus vs. Conflict

The Consensus Perspective believes that society is united by shared values, while the Conflict Perspective argues that society is divided by power struggles and competing interests.

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Lawyers' Role

Lawyers are trained professionals who understand the legal system and help people navigate it by providing legal advice, representing clients in court, and advocating for their rights.

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Traditional Legal Systems

These systems are based on customs, traditions, and religious beliefs passed down through generations. They are often found in small, isolated communities.

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Intermediary Legal Systems

These systems represent a transition between traditional and modern legal systems. They often combine elements of both, such as religious law and written codes.

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Contemporary Legal Systems

These systems are based on modern legal concepts, including written constitutions, codified laws, and independent courts. They are prevalent in developed nations.

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Conflict & Marxist Approaches

These perspectives view law as a tool used by the powerful to maintain their dominance over the less powerful and to protect their interests.

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Critical Race Theory

This theory examines how law has been used to perpetuate racial inequality and discrimination.

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Feminist Legal Theory

This theory analyzes how law reflects and perpetuates gender inequality, and it seeks to promote legal equality for women.

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The Functionalist Approach

This perspective views law as a mechanism that helps maintain social order and stability by providing rules and sanctions that discourage deviance.

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The European Pioneers

Early legal theorists from Europe who laid the foundation for the study of law and society.

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What are the main types of lawmaking?

Lawmaking can be done by legislatures (making statutes), administrative agencies (rulemaking & adjudication), and judges (precedents, statutory interpretation, constitutional interpretation).

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How do interest groups influence lawmaking?

Interest groups advocate for policies that benefit their members by lobbying lawmakers, mobilizing public opinion, and contributing to campaigns.

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What's the role of public opinion in lawmaking?

Public opinion can influence lawmaking, as lawmakers are often responsive to the views of their constituents.

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What's the difference between arbitration and mediation?

Arbitration: A neutral third party makes a binding decision. Mediation: A neutral third party helps parties reach a mutually acceptable agreement.

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What is 'norms and mores' as a social control?

Norms are informal rules of behavior, while mores are stricter moral rules, both influencing people to act in ways that are considered acceptable.

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What are 'victimless crimes'?

Crimes where no specific victim is identified, often involving consensual acts between adults, like drug use or prostitution.

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What are 'white-collar crimes'?

Crimes committed by individuals or corporations, often involving deceit, fraud, or financial gain.

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What are the formal and informal controls of crime?

Formal controls are laws and punishments enforced by the government, while informal controls are social norms, customs, and expectations.

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Advantages of Law in Social Change

The positive influences of law in facilitating social change, including the power of positivism, naturalism, and fear of punishment.

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Limitations of Law in Social Change

Challenges faced by law in creating social change, such as its potential for misuse as a policy tool and its limitations in addressing deep-seated moral and value conflicts.

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What is Legal Professionalization?

The process by which lawyers transitioned into a recognized profession with standardized training, ethics, and oversight.

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Evolution of Jamaican Legal Profession

The historical development of the legal profession in Jamaica, including its growth, specialization, and adaptation to local circumstances.

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The Legal Profession Today

Contemporary features of the legal profession, encompassing employment paths, earning potential, and visibility in society.

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Law Schools and Induction into the Profession

The role of law schools in training aspiring lawyers and the process of entering the legal profession through examinations and admission to the bar.

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Study Notes

Course Information

  • Course Name: Law and Society
  • Course Code: CJUS1203
  • Credits: 3
  • Contact Hours: 45 (45 hours theory)
  • Prerequisites: None
  • Co-requisites: None
  • Semester: Not specified

Course Description

  • This course explores national and global legal system changes due to evolving societal trends, including crime trends, drug law changes, and death penalty debates.
  • It also covers alternative dispute resolution methods and the impact of social and technological advancements on law.
  • The course aims to be thought-provoking and engaging.

Course Outcomes

  • Students will understand legal concepts and their societal impact.
  • Students will understand law creation and organization.
  • Students will demonstrate understanding of social controls, dispute resolution, and law as a social change agent.
  • Students will understand the legal profession and lawyer discipline.

Unit I: Introduction

  • Learner Outcomes: Students will be able to analyze law's meaning and impact, understand types, roles, and functions of law, and compare social paradigms.
  • Content: Overview of law and legal systems, definition of law, types of law, major legal systems (Romano-Germanic, Common-Law, Socialist, Islamic), primary functions of law (social control, dispute resolution, social change), dysfunctions of law, social paradigms (consensus vs. conflict), and options for sociologists.

Unit II: Theoretical Perspectives

  • Learner Outcomes: Students will be able to appreciate legal system evolution, compare intellectual movements in law, and compare law and society theories.
  • Content: Evolution of legal systems (traditional, intermediary, contemporary), current intellectual movements in law (conflict/Marxist, critical race, critical legal, feminist, functionalist), theories of law and society (European pioneers, classical sociological theorists, socio-legal theorists, modern law and society theorists).

Unit III: Litigation and Law-Making Bodies

  • Learner Outcomes: Students will be able to illustrate court organization and litigation flow, identify participants in the legislative process, illustrate legislative processes, and appreciate various law enforcement agencies and their organization.
  • Content: Courts (types of disputes, court structure, litigation participants), litigation processes (civil and criminal), legislatures (organization, participants), administrative agencies (structure, process), law enforcement agencies (organization, police discretion).

Unit IV: Lawmaking Process

  • Learner Outcomes: Students will appreciate lawmaking perspectives, evaluate judicial/administrative lawmaking, discuss lawmaking influences, and identify drivers of law.
  • Content: Lawmaking perspective (legislation, administrative law making (rulemaking, adjudication), judge-made law (precedents, statute interpretation, constitutional interpretation), and influences on lawmaking (interest groups, public opinion, social science, various groups).

Unit V: Law and Dispute Resolution

  • Learner Outcomes: Students will discuss dispute resolution methods and appreciate the court's role in resolving disputes.
  • Content: Dispute resolution methods (arbitration, conciliation, mediation), prerequisites for court assistance, civil procedure rules, disputes (individual-individual, individual-organization, organization-organization).

Unit VI: Law and Social Control

  • Learner Outcomes: Students will critique formal/informal crime controls, appreciate crimes without victims, discuss white-collar crimes, understand social control of dissent, and evaluate administrative law and social control.
  • Content: Norms and Mores (social control instruments), formal social controls (criminal sanctions, non-custodial sanctions, death penalties controversies), victimless crimes (drug addiction, gambling, prostitution), white-collar crime, social control of dissent, administrative law and social control (licensing, inspections, threat of publicity).

Unit VII: Law and Social Change

  • Learner Outcomes: Students will examine the relationship between law and social change, evaluate the advantages of law in creating social change, discuss advantages and limitations of law in creating social change, and explain factors contributing to resistance to change.
  • Content: Interrelationship between law and social change, advantages/limitations of law in creating social change (positivism, naturalism, punishment), resistance to change (social, psychological, cultural, economic factors).
  • Learner Outcomes: Students will examine the history and professionalization of lawyers, evaluate the evolution of the Jamaican legal profession, evaluate contemporary legal practice, and discuss law schools and the Bar Association's function.
  • Content: History of the legal profession, professionalization of lawyers, evolution of the Jamaican legal profession (contemporary legal practice, continuing legal education), law schools, Bar Association.

Additional Information

  • Methods of delivery: Discussion, lectures, guest lectures, interviews, research, observation, presentations, simulations, case studies, problem-solving, debates, group/individual projects, research.
  • Methods of assessment and evaluation: Courseworks (case study analysis, presentations/research)(40%), Examination (60%).
  • Recommended texts: Barkan (2009), Vago (2012).
  • Websites: Ebscohost, Springer.

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Description

Test your knowledge on the evolving relationship between law and societal changes through this quiz. Explore topics such as crime trends, drug law reforms, and the impact of technology on legal systems. This engaging quiz will help reinforce your understanding of the course material.

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